The URL can be used to link to this page

Home My WebLink About8081RESOLUTION NO 8081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING ANNUAL PURCHASE ORDERS FOR THE CITY'S FACILITIES AND COMMUNITY SERVICES DEPARTMENT FOR FISCAL YEAR 2020-21 WHEREAS, the Facilities and Community Services Department regularly purchases a variety of supplies and services from to support City operations pursuant to bids for products and services in accordance with the Redlands Municipal Code, and WHEREAS, for fiscal year 2020-21, to support City operations and in accordance with the City's purchasing policy, the following sole/single source purchase order requests, cooperative purchase orders, and agreements have been prepared for the City Council's consideration and are attached hereto as Exhibits "A," "B," and "C," respectively, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows Section 1. The City Council hereby approves the sole/single source purchase order requests for Fiscal Year 2020-21 with Rush Truck Centers c/o Interstate Billing Services, San Bernardino County Landfill, Ray Gaskm Service Inc , Amrep, and Clean Energy Cryogenics, a subsidiary of Clean Energy Section 2 The City Council hereby approves the intergovernmental/piggyback (cooperative) purchase order with Superior Automotive Warehouse c/o Napa Auto Parts for the supply of as -needed auto parts m an amount not to exceed $121,000 Section 3 The City Council hereby approves an agreement with AW Associates, Inc , for fuel site Designated Operator, maintenance, and repair services m an amount not to exceed $64,330 for a period of one year, with two additional one-year renewal options bringing the total to an amount not to exceed $192,990 Section 4 The City Council hereby approves an agreement with Bronson Investments, Inc , for the provision of lift equipment maintenance and repair m an amount not to exceed $116,003 98 for a period of one year, with two additional one-year renewal options bringing the total to an amount not to exceed $348,011 Section 5 The City Council hereby approves an agreement with Fairview Ford Sales Inc , for the provision of auto body repair services in an amount not to exceed $73,880 00 for a period of one year, with two additional one-year renewal options brmgmg the total to an amount not to exceed $221,640 Section 6. The City Council hereby approves an agreement with On Power Industnes for the provision of generator repair service and preventative maintenance m an amount not to 1 11Resolutions\Res 8000 8099\8081 FCS Annual POs FY 20 21 docx exceed $30,530 for a period of one year, with two additional one-year renewal options bringing the total to an amount not to exceed $91,590 Section 7 The City Council hereby approves an agreement with Quinn Company for the provision of maintenance and service for heavy duty off-road equipment in an amount not to exceed $204,500 for a period of one year, with two additional one-year renewal options bringing the total to an amount not to exceed $613,500 Section 8 The City Council hereby approves an agreement with Wastebuilt Environmental Solutions, LLC for the provision of solid waste refuse collection truck parts m an amount not to exceed $129,370 10 for a period of one year, with two additional one-year renewal options bringing the total to an amount not to exceed $388,110 30 Section 9 The City Council hereby approves the single source purchase orders with Rush Truck Centers c/o Interstate Billing Services, San Bernardino County Landfill, Ray Gaskin Service Inc , Amrep, Clean Energy Cryogenics, a subsidiary of Clean Energy; the cooperative purchase order with Superior Automotive Warehouse c/o Napa Auto Parts, and the agreements/purchase orders with AW Associates, Inc , Bronson Investments, Inc , Fairview Ford Sales, Inc , On Power Industnes, Quinn Company, and Wastebuilt Environmental Solutions LLC, are approved Section 10 The City Council hereby determines that the approval of the five (5) sole/single source purchase orders, one (1) cooperative purchase order, and six (6) agreements described in this resolution are exempt from environmental review pursuant to Section 15061(b)(3) of the State's Guidelines implementing the Cahfornia Environmental Quality Act ADOPTED, SIGNED AND APPROVED this 16th day of June, 2020 ATTEST e Donaldson, City Clerk 2 1 1Resolutions\Res 8000-8099\8081 FCS Annual POs FY 20 21 docx Paul W Foster, Mayor I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meetmg thereof, held on the 16th day of June, 2020, by the following vote AYES Councilmembers Barieh, Tejeda, Momberger, Davis, Mayor Foster NOES None ABSTAIN' None ABSENT None Je Donaldson, City Clerk 3 1 1Resolutions\Res 8000 8099/8081 FCS Annual POs FY 20-21 docx Exhibit "A" Sole/Single Source Purchase Orders Staff is requesting approval for the annual purchase orders for the following sole/single source vendors for the not -to exceed amounts as described below Staff is requesting a single source annual purchase order with Rush Truck Centers c/o Interstate Billing Services The requested parts are specific to Peterbilt make trucks within the City's fleet, Original Equipment Manufacturer (OEM) parts have unique design features that cannot be replaced by non -OEM parts Use of alternate parts would void manufacturer warranty Rush Truck Centers is an approved seller and distributor of Peterbilt OEM parts, their location is in Fontana, CA, 17 miles from the corporate yard The next closet vendor is Golden State Peterbilt in Bakersfield, CA, 177 miles away from the corporate yard Original Equipment Manufacturer (OEM) Peterbilt Parts Vendor Purchase Order Request Rush Truck Centers c/o Interstate Billing Services $60,000 Staff is requesting a single source annual purchase order with the San Bernardino County San Timoteo Canyon Landfill for the disposal of bulky solid waste items San Timoteo Canyon Landfill is the only landfill within the vicinity licensed to accept bulky items Bulky items consist of items that have a poor compaction rate such as mattresses, palm fronds, and appliances By hauling these materials to the San Timoteo Canyon Landfill, the amount entering the City - owned California Street Landfill is minimized, lessoning the impact for the usage of available airspace and adding valuable lifespan to the City's landfill The requested amount of $121,000 is based on historical expenditures Collection of Bulky Solid Waste Items Vendor Purchase Order Request San Bernardino County $121,000 4 11ResolutionslRes 8000 8099\8081 FCS Annual POs FY 20 21 docx Staff is requesting a single source annual purchase order with Clean Energy Cryogenics, a subsidiary of Clean Energy to fulfill all scheduled maintenance to include general up -keep and emergency maintenance as needed Clean Energy Cryogenics will also replace any inoperable pumps, including parts and supplies Clean Energy Cryogenics is the primary source for technicians, equipment, and supplies to provide services to the City's LNG station While there are other companies that provide maintenance and repair services, these other companies cannot offer technicians who are experienced with the specific equipment that was installed by Northstar Inc, in 2103 Using another source would cause significant delays in repairs and substantially higher rates for technicians and higher cost for parts, resulting in extended downtime in LCNG sales Fuel Island Maintenance Service, and Parts Vendor Purchase Order Request Clean Energy Cryogenics, a subsidiary of Clean Energy $90,000 Staff is requesting a single source annual purchase order with Ray Gaskin Service Inc The requested parts are specific to New Way make trucks within the City's fleet, Original Equipment Manufacturer (OEM) parts have unique design features that cannot be replaced by non -OEM parts Use of alternate parts would void manufacturer warranty Ray Gaskin Service Inc , is an approved seller and distributor of New Way OEM parts, theft location is in Fontana, CA, 17 miles from the corporate yard The next closet vendor is Ruckstell California Sales Co in Fresno, CA, 279 miles away from the corporate yard Original Equipment Manufacturer (OEM) New Way Parts Vendor Purchase Order Request Ray Gaskin Service Inc $200,129 23 Staff is requesting a single source annual purchase order with Amrep The only manufacturing source and provider of original Amrep bodies and parts are specific to Solid Waste trucks within the City's fleet, Original Equipment Manufacturer (OEM) parts have unique design features that cannot be replaced by non -OEM parts Use of alternate parts would void manufacturer warranty Amrep Inc , is an approved manufacturer, their location is in Ontario, CA, 28 miles from the corporate yard Original Equipment Manufacturer (OEM) New Way Parts Vendor Purchase Order Request Amrep $100,000 5 E \Resoiutions\Res 8000 8099/8081 FCS Annual POs FY 20-21 docx Exhibit "B" Cooperative Purchase Orders Staff followed the City's procurement policies in regard to an existing cooperative contract agreement for Public Utility Equipment/Services with Sourcewell (formally the National Joint Powers Alliance or NJPA) By utilizing the Sourcewell cooperative purchasing, the City can benefit from previously posted bid packages that have been competitively bid and awarded in conformance with the City's procurement policies Agencies can review bid results from more than 50,000 government, education, and nonprofit organizations and draw from the terms and pricing for like units and vehicles Staff is recommending the that the City Council approve the Sourcell (NJPA) cooperative purchase order with Napa Auto Parts through the Sourcewell Contract Number 062916-gpc for the supply of as -needed auto parts The requested annual purchase order in the amount of .$121,000 is based on historical expenditures Supply of As -needed Auto Parks Vendor Purchase Order Request Superior Automotive Warehouse c/o Napa Auto Parts $121000 6 11Resoluuons\Res 8000 8099\8081 FCS Annual POs FY 20-21 docx Exhibit "C" Annual Agreements AW Associates, inc. Bronson Investments, Inc Fairview Ford Sales, Inc. On Power Industries Quinn Company Wastebuilt Environmental Solutions, LLC 7 I IResolutions\Res 8000 8099/8081 FCS Annual POs FY 20 21 docx NPS 2 1 (2/26/20) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR EQUIPMENT AND SUPPLIES This agreement for the provision of fuel site Designated Operator, maintenance, and repair services ("Agreement") is made and entered in this 16th day of June, 2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and AW Associates, Inc ,("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows. ARTICLE 1 — ENGAGEMENT OF CONTRACTOR 1 1 Effective July 1, 2020, City hereby engages Contractor to perform fuel site Designated Operator, maintenance, and repair services for City (the "Services") 1 2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the scull and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services ARTICLE 2 — SERVICES OF CONTRACTOR 2 1 The Services that Contractor shall perform are more particularly descnbed in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by reference 2 2 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to, State prevailing wage laws ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall make available to Contractor information in its possession that may assist Contractor m performing the Services 3 2 City designates Christopher Boatman, Facilities and Community Services Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4 — PERFORMANCE OF SERVICES 4 1 The effective term of this Agreement shall be for a period of one (1) year from July 1, 2020 through June 30, 2021 (the "Initial Term") The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an "Extended Term"), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any 1 L Icaldjm\Agreements\AW Associates Inc Agreement NPS -2 1 docp NPS -2 1 (2/26/20) Extended Term The Initial Term and the Extended Terms are collectively referred to herein as the "Term" of this Agreement 4 2 If Contractor's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same It shall be the obligation of Contractor to obtain a copy of such policy from City staff ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 The compensation for Contractor's performance of the Services shall not exceed the amount of Sixty Four Thousand Three Hundred Thirty Dollars ($64,330) for the Services provided during the Initial Term Should this Agreement be extended, the compensation for Contractor's performance for the Services shall not exceed the amount of Sixty Four Thousand Three Hundred Thirty Dollars ($64,330) for the first Extended Term, and Sixty Four Thousand Three Hundred Thirty Dollars ($64,330) for the second Extended Term, bringing the total possible amount of compensation to a not -to -exceed amount of One Hundred Ninety Two Thousand Nine Hundred Ninety Dollars ($192,990) For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not -to -exceed amount in accordance with the rates specified in Exhibit C `," titled `Tow and Fee Information," which is attached hereto and incorporated herein by reference ft6 5 2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month Contractor's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (1) on the date of delivery in person, (u) five (5) days after deposit in first class registered mail, with return receipt requested, (in) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section City City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonadlson@cityofredlands org (909) 798-7531 2 L lcaldjmlAgreementslAW Associates Inc Agreement NPS 2 1 docjn Contractor Kathy Wilkerson, President AW Associates, Inc. PO Box 2903 Corona, CA 92878 Kathy@awassociatescorp coin (951) 372-9319 (951) 346-3133 NPS -2 1 (2/26/20) ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers' compensation Iaws of the State of California Contractor shall execute and provide City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City 6 2 Contractor shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, 01 the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services ARTICLE 7 — CONFLICTS OF INTEREST 7 1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any mannei or degree by the performance of Contractor's Services Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement 3 L lcaldjnzlAgreements'AW Associates Inc Agreement NPS 2 1 doejn NPS -2 1 (2/26/20) 7 2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor. A Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law, (11) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract, (v) grant City approval to a plan, design, report, study or similar item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof B Does not serve in a staff capacity with City and, in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified m City's Conflict of Interest Code under Government Code section 87302 7 3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement Any assignment or attempted assignment without such prior wntten consent may, in the sole discretion of City, results in City's immediate termination of this Agreement. 8 3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth Contractor shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Contractor shall have no authority, express or implied, to act on behalf of City in any capacity 4 L IcaldjmlAgreementslAW Associates Inc Agreement NPS 2 1 docdn NPS -2 1 (2126/20) whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation 8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than ten (10) days prior written notice to Contractor of City's intent to terminate If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Contractoi in performing the Services Contractor shall be compensated on a pro -rata basis for Services completed up to the date of termination 8 5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Contractor 8 6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor 8 7 This Agreement shall be governed by and construed in accordance with the laws of the State of Califorma 8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs 01 sections contained herein, unless to do so would deprave a Party of a material benefit of its bargain under this Agreement 5 L 1caldjmlAgrecmentslAW Associates Inc Agreement NPS -2 i docjn NPS -2 1 (2/26/20) IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement CITY OF REDLANDS AW ASSOCIATES, INC BY ( �� Ill W. Foster, Mayor Kathy Wilkerson, President By ATTEST e Donaldson, City Clerk 6 L 1caldimlAgreementslAW Associates Inc Agreement NPS -2 1.docjn NPS -2 1 (2/26/20) EXHIBIT 'TA" SCOPE OF SERVICES Contractor shall provide Designated Underground Storage Tank (UST) Operator Services as well as testing, maintenance and repair services for its UST/AST fuel sites Contractor must be a certified California UST System Operator Services will include 30 Day inspections, annual & triennial testing, compliance management, maintenance, and repairs as required by Federal, State, and Local regulations pertaining to UST and AST City Corporate Yard - Hours of Operation Monday through Friday open from 6am to 5pm LICENSE/CERTIFICATES Contractor, Contractor's Employees and Contractor's Subcontractors shall provide copies of valid licenses and certificates for testing and repair of Monitoring systems, Tank and Piping systems, Dispensers, and related Equipment, including but not limited to (Veeder Root) Monitoring Equipment, Secondary Containment (S8989), Vapor Recovery, Healy, Contractors License, and HazWoper Certificates for each employee and/or subcontractor and their employees who may be on the job site These licenses and certificates shall be kept up to date and current during the entire duration of the contract and must be presented upon request by any Federal, State, or Local Official No Contractor, Contractor's Employees and Contractor Subcontractors shall perform work on Equipment for Sites that require such licenses or certificates without said license/certificate being current and valid i.IOUIDpTF.D DAMAGF.0 Uninterrupted fuel provision at City sites is our goal Time is of the essence If response by contractor to the site is not within the time stated, contractor acknowledges and agrees that such delay would seriously affect the public welfare and the operation of the City and those damages for such delay would be impractical or extremely difficult to determine The parties agree that the sum of $ 125 per hour (for Emergency Service calls) for each hour of delay for each situation shall be fixed as liquidated damages (and not as penalty or forfeiture for breach) Liquidated damages shall apply where response is delayed beyond the time stated WARRANTY Contractor shall warrant/guarantee all parts and work done hereunder against, failure due to defective material and/or faulty workmanship from date of acceptance of the work by the City of Redlands for a minimum of one (1) year State warranty period for workmanship/labor One (1) year State warranty period for parts/equipment One (1) year 7 L lea\djm\Agreements\AW Associates Inc Agreement NPS -2 1 docjn NPS -2 1 (2/26/20) VENDOR CONTACT INFORMATION Name of a person that will be the City's contact for order placement, order problems or special needs, etc PRIMARY CONTACT - Contact Name Katie Wilkerson Contact Direct Phone (951) 317-7143 Contact Fax (951) 346-3133 Contact E-mail Katie@awassociatescorp com REPAIR MAICNTESANCE Provide the following information listed below. Normal Business Hours 8 A M to 5 P M After-hours Phone Number (951) 313-3934 • Response by phone required within thirty (30) minutes and onsite response required within two (2) hours of service call Liquidated damages shall apply if response by contractor to the site is not within the time started • No more than one (1) Service Technician shall be allowed per service call without prior approval from the City 8 L 1caldjmlAgrccments\AW Associates Inc Agreement NPS 2 1 doc jn NPS -2 1 (2/26/20) EXHIBIT "B" SPECIFICATIONS Contractor shall have valid Designated UST Operator(s) certification(s) A list of employee names, qualifications including copies of current International Code Council (ICC) certification(s) and expiration dates for persons conducting the Designated UST Operator services shall be provided with the bid The City would prefer that the Designated Operator is also an ICC Certified UST Service Technician The Designated UST Operator shall provide general oversight of the UST program with specific emphasis on regulatory compliance issues The Designated UST Operator shall fulfill the responsibilities set out in Title 23 of the California Code of Regulation, Chapter 16, Statute §2715 and §2716 REQUIREMENTS COMMENTS 1 30 -Day Inspections- Inspections shall include, but not be limited to the following la Alarm History - For UST sites monitored with a Veeder Root leak monitoring system, print and review the alarm history for the past month lb Alarms - Investigate all leak, liquid level, vacuum, brine, communication, and LLD alarms - Determine what caused the alami and what action was taken in response to the alarm Confirm that the response was appropriate For containment - sump liquid alarms that have occurred since the last monthly inspection, review the service call record If there is no record of a visit by an ICC - certified service technician, visually inspect the containment sump for the presence of liquid or debris lc Inspect Spill Containment - Check for the presence of liquid or debris in the spill buckets If liquid is present, determine if the Iiquid is the result of water intrusion or overfill If necessary, clean affected spill buckets at time of inspection le Sumos - It is the DO's responsibility to open and inspect every sump (including transition sumps) during the monthly inspection If necessary, clean affected sumps at time of inspection 9 L IcaldjmlAgreementslAW Associates Inc Agreement NPS -2 1 docin NPS 2 I (2/26/20) REQUIREMENTS COMMENTS If Leak Detection Sensors — All leak detection sensors must be redundant and properly placed, meaning each sensor is placed so that it is capable of continuously detecting a leak at the earliest possible opportunity Sensors in UDCs and sumps must be continuous, tamper -proof, positioned at true vertical and located at the lowest point lg Test Overfill Alarm - Test the audible and visual overfill alarm on systems, if equipped Test output relay, if applicable lh Visual Site Inspection - At fueling sites, visually inspect the hoses, breakaways and nozzles for leaks, or seeping, and check dispensers and card readers for external integrity If present, inspect aboveground piping and hoses for leaks and seeping At generator sites, check the day tank, the generator, and all aboveground piping for leaks and seeping For any deficiencies observed, notify Fuel Operations Program Officer/designee immediately Tag out affected fueling positions for any hanging hardware issues observed 11 Test and Maintenance Documentation - Review documentation to confirm that all testing, maintenance and certifications have been conducted within the proper time periods This includes a review of alI California State Water Resources Control Board, California Air Resources Board, South Coast Air Quality Management District and local CUPA requirements lj Training Verification - Review the Facility New employees certified within 30 days of hire Employee Training Log to verify that all Facility Employees have been trained as required 1 k Compile results of the monthly inspection and suggested corrective action (where applicable) in a typed report (with Veeder Root Alarm History printout) on the Title 23 Appendix VIII form and Ieave it on site Also submit and electronic copy of the inspection report and alarm history to the Fleet Superintendent and/or City Representative 2 FACILITY EMPLOYEE TRAINING — In accordance with Title 23 of the California Code of Regulation, Chapter 16, Statue §2715, provide annual training to all existing facility employees, and all new facility employees prior to the City employee assuming their duties Training shall include, but not be limited to the following topics a) Best Management Practices 10 L 1ca\djm'AgreementslAW Associates Inc Agreement NPS -2 1 doe Jn NPS -2 1 (2/26/20) REQUIREMENTS COMMENTS i Record Keeping it Preventive Maintenance in Delineation of Responsibility iv Knowing your system and the spill response kit iiv Compliance with all regulations b) The Monitoring System i Explanation of how the system is monitored, is redundant, and is continual ii The Monitoring Panel and how to respond to an alarm, including, but not limited to the name of a contact person for emergencies and monitoring equipment alarms c) Spills and Overfill Response - Provide training that covers the procedures to follow in the event of an unauthorized release, i Emergency Contacts - Location of posted contacts list ii Proper Operation of the Fueling System d) 3 SITE REPAIR NOTIFICATION - In the In addition to Designated Operator calling Fleet Superintendent, our TMC will email Fleet Superintendent with information & updates on any problems or concerns discovered by D 0 event that the Designated UST Operator discovers a sub -standard condition at a UST site or a situation that is non-compliant, the Designated UST Operator shall call the Fleet Superintendent or their representative to initiate a service call to bring the site up to compliance REQUIREIVMENTS FOR DESIGNATED UST OPERATOR Provide a detailed resume of the Contractor's Designated UST Operator(s) that will fulfill this contract As a minimum, the vendor's Designated UST Operator(s) shall have REQUIREMENTS a) A current California UST System Operator Certification b) At least four years of experience as a Designated UST Operator for a major municipality c) Excellent written and oral communication skills d) A detailed knowledge of all CUPA and SCAQMD documentation required for USTs in the City of Redlands 11 L lealdtimlAgreements\AW Associates Inc Agreement NPS 2 1 dac.p NPS -2 1 (2/26/20) REQUIREMENTS e) A good working relationship with the local CUPA f) A detailed knowledge of the UST sites Contractor will keep a site specific equipment information sheet for each site g) Excellent references (four total) - Two municipal customers, one industry professional and one Redlands -area CUPA inspector ADDITIONAL CONSIDERATIONS• a) The Designated Operator also has a California UST Service Technician Certification FUEL SITE REPAIR, MAINTENANCE, TESTING AND ALARM RESPONSE The City requires maintenance of fuel sites that includes furnishmg and delivering parts, supplies, and accessories for gasolme and diesel dispensers, UST/AST Additional miscellaneous items such as pumps, plumbing, tanks, nozzles and monitoring systems may also be requested Contractor shall have an adequate supply of replacement parts available on the service trucks The supplies shall include various Veeder-Root sensors (at least one of each type), Veeder-Root probe cables, spill bucket dram valves (at least one of each type), mechanical line leak detector and hanging hardware for a typical Gasoline and Diesel dispenser The City lists the current equipment m appendix A Contractor shall be licensed and/or certified to perform all specific tests, repairs and alarm responses in compliance with all City, State and Federal regulatory agencies and in accordance to Departmental needs Contractoi shall provide proof of certifications at the City's request Fixed quotes may be required for projects and/or repairs Contractor shall notify Fleet Superintendent and/or City Representative for any work that will exceed $1,000.00 Contractor shall provide the City with their list of petroleum equipment supply vendors. Written confirmation from the parts vendor shall be provided to the City if the contractor is unable to obtain the parts within 48 hours Failure to provide written confirmation could result in liquidated damages Upon completion of test, Contractor shall submit an electronic copy of the test results and printouts to Fleet Superintendent and the proper regulatory Agency (Testing and Inspections include but are not limited to the Sites hsted on Appendix A) The contractor is responsible for disposing all waste generated during testing events REQUIREMENTS FOR DESIGNATED UST OPERATOR 12 L Ica\djm\Agreements\AW Associates Inc Agreement NPS 2 1 doc jn NPS 2 1 (2/26/20) Contractor, Contractor's Employees and Contractor's Subcontractors shall abide by all of the following requirements REQUIREMENTS a) Contractor, Contractor's Employees and Contractor's Subcontractors shall wear uniforms with Company Name and Employee Name tag visible and Company Vehicle must be properly masked with Company's Name b) Contractor, Contractor's Employees and Contractor's Subcontractors shall perform all work in accordance to all City, State, and Federal Safety Standards and Regulations Contractor shall obtain a copy of the City's Safety Policies and Procedures from the City's Risk Management Office c) Upon entering the Job Site, Contractor, Contractor's Employees and Contractor's Subcontractors shall check in with a City Employee (in person or by phone) and document start time an work order Upon job completion, Contractor shall document time completion and have work order signed by a City Employee d) The Fleet Superintendent will identify the type of service response required when the request for service is initiated di) EMERGENCY RESPONSE Phone response with 30 minutes of the initial call Arrival on site within 2 hours of phone confirmation d2) Non -EMERGENCY RESPONSE Confirmation of onsite arrival the next business day d3) GENERAL SERVICE REQUEST Service needs to be completed prior to the next Designated Operator Inspection 13 L lealdimlAgreements\AW Associates Inc Agreement NPS -2 1 docjn NPS 2 1 (2/26/20) EXHIBIT "C" (Fee and Fee Information) DESIGNATED OPERATOR SERVICES Item Num Item Description Estimated Quantity (A) Unit of Measure (B) Unit Price (C) Total Amount (D) Calculation Formula (A) x (C) = (D) 1 30 -Day Designated UST Operator Inspection 12 Each $ 140 00 $ 1,680 00 2 Training Per Employee 5 EA $ 40 00 $ 200 00 3 Meetings 12 EA $ 200 00 $ 2,400 00 TESTING SERVICES 4 Annual AST Inspection 1 LT $ 125.00 $ 125.00 5 Annual Monitor Certification, Spill Bucket and Line Leak Detector Test 3 LT $ 500 00 $ 1,500 00 6 Annual Monitor Certification, Spill Bucket and Line Leak Detector RETEST 3 LT $ 350 00 $ 1,050 00 7 Annual Vapor Recovery Test 3 LT $ 650 00 $ 1,950 00 8 Annual Vapor Recovery Test RETEST 3 LT $ 350 00 $ 1,050 00 9 Secondary Containment Testing 3 LT $ 1,300 00 $ 3,900 00 10 Secondary Containment Testing RETEST 3 LT $ 650 00 $ 1,950 00 MAINTENANCE AND REPAIR SERVICES 11 Maintenance and Repairs - Same Business Day Labor Rate Straight Time 9 HR $ 115 00 $ 1,035 00 12 Maintenance and Repairs - Same Business Day Labor Rate Over Time 9 HR $ 135 00 $ 1,215 00 13 Maintenance and Repairs - Same Business Day Labor Rate Double Time 9 HR $ 150.00 $ 1,350 00 14 Maintenance and Repairs - Same Business Day Travel 9 HR $ 50 00 $ 450 00 15 Maintenance and Repairs - Next Business Day Labor Rate Straight Time 9 HR $ 115 00 $ 1,035 00 16 Maintenance and Repairs - Next Business Day Labor Rate Over Time 9 HR $ 135 00 $ 1,215 00 14 L Icaldim\Agreements\AW Assoc ates Inc Agreement NPS 2 1 doc.in NPS -2 1 (2/26/20) 17 Maintenance and Repairs - Next Business Day Labor Rate Double Time 9 HR $ 150 00 $ 1,350 00 18 Maintenance and Repairs - Next Business Day Travel 9 HR $ 50 00 $ 450 00 19 Maintenance and Repairs - Emergency Calls - Minimum Time (if any) 2 HR $ 125 00 $ 250 00 20 Maintenance and Repairs - Emergency Call Out charge during regular business hours 9 HR $ 125 00 $ 1,125 00 21 Maintenance and Repairs - Emergency Call Out charge during non -business hours 9 HR $ 190 00 $ 1,710 00 22 Maintenance and Repairs - Emergency Call Travel 2 HR $ 62 50 $ 125 00 23 Alarm Response - Minimum time charge 2 HR $ 115 00 $ 230 00 24 Alarm Response - During regular business hours 9 FIR $ 115 00 $ 1,035 00 25 Alarm Response - During non- business hours 9 HR $ 150 00 $ 1,350 00 26 Alarm Response - Travel 2 HR $ 50 00 $ 100 00 SUBTOTAL (1 - 26) $ 29,830.00 Est'd Net Cost of Parts Bidder's mark-up percentage (ex' 10%, 15%, 25%) TOTAL AMOUNT (see Note 1) (A) (B) (C) (A) x (B) + (A) = (C) 27 *MISC REPLACEMENT PARTS (page 21) $30,000 15% $ 34,500 00 GRAND TOTAL. (1) THRU (27) 8 64,330.00 PARTS (discount on Parts Costs) Name of Flat Rate Manual (if applicable) Name of Parts Price Sheet (if applicable). Note 1 Example of Calculating the Bidder's Total Amount. The estimated net cost of Thirty Thousand Dollars ($30,000) (A) at a Bidder's mark-up percentage 5% (B), plus the estimated net cost (A), will result in a Total Price of Thirty One Thousand Five Hundred Dollars ($31,500) (C) (($30,000 x 5%) +$31,500). Note 2 The above quantities for labor and parts are estimates used for bid purposes The Equipment Maintenance Division will not guarantee a minimum of labor and parts for the work 15 L ica\djm\AgreementslAW Associates Inc Agreement NPS -2 1 doc.in NPS 2 1 (2/26120) EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authonzed to wnte compensation insurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer In a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance elfinsurance in accordance with the provisions of that Code, and 1 will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code §1851) I affirm that at all times, m performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self-msure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct AW ASSO IATES, INC By Kathy t rson, Presid t 16 L lcald}m\AgreementslAW Associates Inc Agreement NPS -2 1 doc jn Date 6//2 ZDV] NPS 2 1 (2/26/20) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR EQUIPMENT AND SUPPLIES This agreement for the provision of Iift equipment maintenance and repair ("Agreement") is made and entered in this 16th day of June, 2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Bronson Investments, Inc , ("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows ARTICLE 1 — ENGAGEMENT OF CONTRACTOR 1 1 Effective July 1, 2020, City hereby engages Contractor to perform lift equipment maintenance and repair services for City (the "Services") 1 2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by othei practicing professional Contractors in the industry providing like and similar types of Services ARTICLE 2 — SERVICES OF CONTRACTOR 2 1 The Services that Contractor shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by reference 2 2 Contractor shall comply with applicable federal, state and local laws and regulations m the performance of this agreement including, but not limited to, State prevailing wage laws ARTICLE 3 — RESPONSIBILITIES OF CITY 3 I City shall make available to Contractor information in its possession that may assist Contractor in performing the Services 3 2 City designates Christopher Boatman, Facilities and Community Services Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4 — PERFORMANCE OF SERVICES 4 1 The effective term of this Agreement shall be for a period of one (1) year from July 1, 2020 through June 30, 2021 (the "Initial Term") The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an "Extended Term"), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any L icltddmtAgreements113ronson Investments Agreement NPS 2 1 docdn NPS -2 1 (2/26/20) Extended Term The Initial Term and the Extended Terms are collectively referred to herein as the "Term" of this Agreement 4 2 If Contractor's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same It shall be the obligation of Contractor to obtain a copy of such policy from City staff ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 The compensation for Contractor's performance of the Services shall not exceed the amount of One Hundred Sixteen Thousand Three Dollars and Ninety -Eight Cents ($116,003 98) for the Services provided during the Initial Term Should this Agreement be extended, the compensation for Contractor's performance foi the Services shall not exceed the amount of One Hundred Sixteen Thousand Three Dollars and Ninety -Eight Cents ($116,003 98) for the first Extended Term, and One Hundred Sixteen Thousand Three Dollars and Ninety -Eight Cents ($116,003 98) for the second Extended Term, bringing the total possible amount of compensation to a not -to -exceed amount of Three Hundred Forty Eight Thousand Eleven Dollars and Ninety -Four Cents ($348,011 94) For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not -to -exceed amount m accordance with the rates specified in Exhibit "B," titled "Price and Fee Bid," which is attached hereto and incorporated herein by reference 5 2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month Contractor's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services City shall pay Contractoi no later than thirty (30) days after receipt and approval by City of Contractor's invoice 5 3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of delivery in person, (ii) five (5) days after deposit in first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section City City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonadlson@cityofredlands org (909) 798-7531 2 L lca\djm\Agreements\Bronson Investments Agreement NPS 2 1 doc�n Contractor Sheryl Dinnoo Sales Manager Bronson Investments, Inc PO Box Redlands, CA 92373 SherylDinnoo@gmail com (909) 890-5544 (909) 890-4447 Fax NPS 2 1 (2/26/20) ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers' compensation laws of the State of California Contractor shall execute and provide City with Exhibit "C," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City 6 2 Contractor shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services ARTICLE 7 — CONFLICTS OF INTEREST 7 1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor's Services Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement 3 L Icaldjrn\Agreements\Bronson Investments Agreement NPS 2 l docjn NPS 2 1 (2/26/20) 7 2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor A Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law, (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, (iii) authorize City to enter into, modify or renew a contract, (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract, (v) grant City approval to a plan, design, report, study or similar item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof B Does not serve in a staff capacity with City and, in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302 7 3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms oI conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 8 2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement 8 3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth Contractor shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City of engaged by City for the account of, or on behalf of City Contractor shall have no authority, express or implied, to act on behalf of City in any capacity 4 L lcaA m\Agreentents'Bronson Investments Agreement IMPS 2 1 doc jn NPS 2 1 (2/26/20) whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation 8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than ten (10) days prior written notice to Contractor of City's intent to terminate If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services Contractoi shall be compensated on a pro -rata basis for Services completed up to the date of termination 8 5 Contractor shall maintain books, ledgers, invoices, accounts and othei records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Contractor 8 6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor 8 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California 8 8 if one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remaindei of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a matenal benefit of its bargain under this Agreement 5 L \ca\d3m1Agreements\Bronson Investments Agreement NPS 2 I doc jn NPS -2 1 (2/26/20) IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement CITY OF REDLANDS aul ATTEST W Foster, Mayor e Donaldson, City Clerk 6 L IcaldjmAAgreements\Bronson Investments Agreement NPS -2 1 doc.p BRONSON INVESTMENTS, INC By Sheryl Di , Sales Manager NPS 2 1 (2/26/20) EXHIBIT "A" SCOPE OF SERVICES Contractor is to provide accurate replacement parts, safety Inspections, PM Services and Repairs for Rotary Heavy -Duty Vehicle Lift, Benwill aboveground lift, Western inground lifts, Samson grease pumps, hose reels, dispensers, and dispensing equipment, PlymoVent exhaust reels, Electric and Gas Air Compressors, and other associated equipment as needed Lifts — Quantity (2) Western Lift INGROUND FORWARD AND AFT (Annual inspection and service) • Complete annual lift inspection and tag lift with date of inspection • Inspect hoist pit for any oil and debris • Inspect lifts saddles • Grease as required • Complete inspection of pneumatic components including hydraulic lines and connections to the lift pump • Check hydraulic operation of the lift in fully raised and lowered position • Check hydraulic fluid levels and fluid condition Make sure fluid levels are correct • Inspect and test mechanical safety locks for any wear • Inspect lockjaw hinges • Inspect lift seals and seal plates • Check and adjust chain as needed • Clean all debris inside of pit • Check the valves for leaks, clean and repair as needed • Verify all OSHA required operation and safely labels are in place and legible • Maintain and provide service reports in data file for equipment monitoring • Provide Inspection Certificate Lifts — Quantity (2) Western 8k (WP2) 2 POST INGROUND (Annual inspection and service • Complete annual lift inspection and tag lift with date of inspection • Inspect lifts saddles and lock pins • Grease as required • Complete inspection of pneumatic components including hydraulic lines and connections to the lift pump • Check hydraulic operation of the lift in fully raised and lowered position • Check hydraulic fluid levels and fluid condition Make sure fluid Ievels are correct • Inspect lift seals and seal plates • inspect and test mechanical safety locks for any weal_ • Check the valves for leaks, clean and repair as needed • Verify all OSHA required operation and safely labels are in place and legible • Maintain and provide service reports in data file for equipment monitoring • Provide Inspection Certificate 7 L 1caldljmlAgreementsWBranson Investments Agreement NPS 2 1 doc.jn NPS -2 1 (2/26/20) Lifts — Ouantity (1) Benwill 7k 2 POS1 ABOVEGROUND (Annual inspection and service) • Complete annual lift inspection and tag lift with date of inspection • Inspect lifts pads, arm locks, and pins • Check the lowering speed with a representative vehicle on the lift • Lubricate and adjust as needed • Complete inspection of electrical wiring and plugs • Complete inspection of pneumatic components including hydrauhc lines and connections to the lift pump • Check hydraulic operation of the lift in fully raised and lowered position • Check hydraulic fluid levels and fluid condition Make sure fluid levels are correct • Inspect and test mechanical safety locks for any wear • Verify all OSHA required operation and safely labels are in place and legible • Examine all structural components and welds • Examine concrete around columns for stress cracks • Check and adjust chain as needed • Clean the motor, tank and pump assembly and inspect for leaks • Check all fastening devices for tightness including floor anchor bolts • Maintain and provide service reports in data file for equipment monitoring • Provide Inspection Certificate Lifts — Quantity (1) Rotary 30k 4 POST ABOVEGROUND (Annual inspection and service) • Complete annual lift inspection and tag lift with date of inspection • Lubricate and adjust as needed • Check the lowering speed with a representative vehicle on the lift • Complete inspection of electrical wiring and plugs • Verify all OSHA required operation and safely labels are in place and legible • Examine all structural components and welds • Examine concrete around columns for stress cracks • Complete inspection of pneumatic components including hydraulic lines and connections to the lift pump • Check hydraulic operation of the lift in fully raised and lowered position • Check hydraulic fluid levels and fluid condition Make sure fluid levels are correct • Inspect and test mechanical safety locks for any wear • Check and adjust cables as needed • Check bearings and pulleys for wear • Check all fastening devices for tightness including floor anchor bolts • Clean the motor, tank and pump assembly and inspect for leaks • Check hydraulic operation of rolling jack unit (15k) and inspect for worn and damaged parts • Maintain and provide service reports in data file for equipment monitoring • Provide Inspection Certificate 8 L IcaldjmlAgreements\Bronson Investments Agreement NPS -2 I doqn NPS -2 1 (2/26/20) Samson grease pump, hose reels, and dispensing equipment (Annual inspection and service) • Hose reels will be completely extended, inspected for hose condition and thoroughly cleaned • Hose reels will be inspected for leaks and proper operation • Hose reel hose spring tension will be inspected, adjusted, or replaced as needed • Pumps and dispensers will be tested for proper operation, leaks and fluid (I would take "dispense tracking" out I don't believe you have tracking for the dispensers) • Inspection of shut-off valves and inlet hoses • Maintain and provide service reports in data file for equipment monitoring Exhaust Hose Reels -Quantity (5) PlymoVent (Annual inspection and service) • Exhaust Hose Reels will be completely extended and retracted • Exhaust Hoses will be inspected and checked for leaks and condition • Exhaust Hose motor assy will be inspected, cleaned and checked for proper operation • Complete inspection upon completion • Maintain and provide service reports in data file for equipment monitonng • Electric Air Compressors (6) and Tanks (7) (Semiannual inspection and service) • Dram and replace puirip oil • Replace air filters • Inspect belts • Inspect for leaks • Clean units • Grease motor Gas Air Compressors (2) on Service Trucks (Every 3 month inspection and service) • Drain and replace engine oil • Replace air filters • Inspect belts • Inspect for leaks • Clean units • Chain spark plug Diesel Air Compressors (1) on Landfill Truck (Every 3 month inspection and service) • Drain and replace engine oil • Replace air filter • Inspect belts • Inspect for leaks • Clean unit 9 L lcnldimlAgreements\Bronson investments Agreement NPS 2 1 doc.in NPS -2 1 (2/26/20) Tire Changer (1) and Balancer (1) (Annual inspection and service) • Inspect for proper operations and leaks • Inspect pressure regulator and oiler, fill as needed • Inspect table, jaws, bead breaker, foot pedals, fill hose, and repair or replace as needed • Calibrate balancer as needed Certify Technicians • Certify technicians on lifts, tire balancer, and tire changer Other Associated Equipment AS -Needed (inspect, replace, of purchase) • Jacks (floor jacks, low profile jacks) • Fast Pipe • Tsunami filter with dram kit and filter elements (purchase and install) • Air compressors / generators (purchase and install) • Fuel transfer pump (purchase and install) • Welding for compressors, hose reels, and equipment to be fitted to service trucks • Grease pump kit and high-pressure grease reel (purchase and install) • Other equipment as needed Lift Models • Benwill - TP -7 (2 post 7,000 lb capacity) • Rotary - SM300-100 (4 post 30,000 Ib capacity) • Rotary - FC5710 (rolling jack 15,000 lb capacity) • Western - WP2 (2 post inground 8,0001b capacity) • Western - AC 1010 (Forward and Aft inground, 24,000 capacity) • Western - 10210 (Forward and Aft inground, 36,000 capacity) Electric, Gas, and Diesel Compressor Models: • Ingersoll Duplex • Industrial Air • Bel -Air • Champion • Ingersoll • Mi -T -M Tire Changer and Balancer Model: • Tire Changer — Giuliano Maxi GT • Balancei - Coats 1000 10 L Icaldlm\Agreemenis\Bronson Investments Agreement NPS 2 1 doc.ln NPS -2 1 (2/26120) EXHIBIT "B" PRICE AND FEE BID Lift Equipment Maintenance and Repair ANNUAL ESTIMATES Description Type Estimated Quantity Price Per Service TOTAL AMOUNT (A) (B) (C) :......:" ..:......... _... ..,.. ., ., .�„✓ :gin . ..... .,: , ,.,,r.�. _.__..:_�r'.>_..:,::,�,...�a: (A) x (B) = (C ) 1 Electric Compressor Service 12 $ 225 00 each $ 2 700 00 1C 2 Gas Compressor Service 8 $ 235 50 each $ 1,884 00 2C 3 Diesel Compressor Service 4 $ 350 00 each $ 1,400 00 3C 4 Lift Certifications 6 $ 128 33 each $ 769 98 4C 5 Service call truck/charge 50 $ 135 00 each $ 6,750 00 5C 6 Labor Rate 500 $ 85 00 p/hour $ 42 500 00 6C .... .. ., _ .,..:;., . , . ...... ..:.. .. .,,: ..�. .,. Subtotal $ 56,003 98 Est'd Net Cost of Parts Bidder's mark-up percentage (ex 10%, 15%, 25%) TOTAL AMOUNT (see Note 1) (A) B) (C) , .� A .. O x (B) (A) (C) 11 Parts $50,000 20% $ 60 000 11C GRAND TOTAL (IC) THRU (119 $ 116,003 98 PARTS (discount on Parts Costs) Name of Flat Rate Manual (if applicable) N/A Name of Parts Price Sheet (if applicable) City of Redlands — account pricing level 1 Note 1 Example of Calculating the Bidder's Total Amount The estimated net cost of Fifty Thousand Dollars ($50,000) (A) at a Bidder's mark-up percentage 5% (B), plus the estimated net cost (A), will result in a Total Price of Fifty Two Thousand Five Hundred Dollars ($52,500) (C) (($50,000 x 5%) +$52,500) Note 2 The above quantities for labor and parts are estimates used for bid purposes The Equipment Maintenance Division will not guarantee a minimum of labor and parts for the work EXHIBIT "C" 11 L lealdjm\Agreements\Bronson Investments Agreement NPS 2 t doc jn NPS 2 1 (2126120) WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code §1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct BRONSON INVESTMENTS, INC By Sheryl Dinnoo,/Ja1es Manager 12 L Ica\dim\Agreements\Bronson Investments Agreement NPS 2 1 dacjn Date 14/ c] NPS 2 1 (2/26/20) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR EQUIPMENT AND SUPPLIES This agreement for the provision of auto body repair services ("Agreement") is made and entered in this 16th day of June, 2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Fairview Ford Sales Inc , ("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows ARTICLE 1 — ENGAGEMENT OF CONTRACTOR 1 1 Effective July 1, 2020, City hereby engages Contractor to perform auto body repair services for City (the "Services") 1 2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services ARTICLE 2 --•• SERVICES OF CONTRACTOR 2 1 The Services that Contractor shall perform are more particularly described in Exhibit "A,' titled "Scope of Services," which is attached hereto and incorporated herein by reference 2 2 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to, State prevailing wage laws ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall make available to Contractor information in its possession that may assist Contractor in performing the Services 3 2 City designates Christopher Boatman, Facilities and Community Services Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4 — PERFORMANCE OF SERVICES 4 1 The effective term of this Agreement shall be for a period of one (1) year from July 1, 2020 through June 30, 2021 (the "Initial Term") The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an "Extended Term"), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term The Initial Term and the Extended Terms are collectively referred to herein as the "Term' of this Agreement 1 L lealdpnlAgreementslrairview i•ord Agreement NPS 2 1 doe jn NPS 2 1 (2/26/20) 4 2 if Contractor's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same It shall be the obligation of Contractor to obtain a copy of such policy from City staff ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 I The compensation for Contractor's performance of the Services shall not exceed the amount of Seventy Three Thousand Eight Hundred Eighty Dollars ($73,880) for the Services provided during the Initial Term Should this Agreement be extended, the compensation for Contractor's performance for the Services shall not exceed the amount of Seventy Three Thousand Eight Hundred Eighty Dollars ($73,880) for the first Extended Term, and Seventy Three Thousand Eight Hundred Eighty Dollars ($73,880) for the second Extended Term, bringing the total possible amount of compensation to a not -to -exceed amount of Two Hundred Twenty One Thousand Six Hundred Forty Dollars ($221,640) For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not -to -exceed amount in accordance with the rates specified in Exhibit "B," titled "Price and Fee Bid," which is attached hereto and incorporated herein by reference 5 2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month Contractor's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractoi's invoice 5 3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of delivery in person, (ii) five (5) days after deposit in first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section City City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonadlson@cityofredlands org (909) 798-7531 2 L 1caldjmlAgreemenls\FaLrvlew Ford Agreement NPS 2 1 doe 3n Contractor Shawn Sommer, Body Shop Manager Fairview Ford Sales Inc P O Box 1390 San Bernardino, CA 92410 Bodyshop@fairviewford coin (909) 884-9261 (909) 884-3775 Fax NPS 2 1 (2/26/20) ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services Contractor shall not perforin any Services unless and until the required insurance listed below is obtained by Contractor Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers' compensation laws of the State of California Contractor shall execute and provide City with Exhibit "C," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services B, Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City 6 2 Contractoi shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services ARTICLE 7 -- CONFLICTS OF INTEREST 7 1 Contractor covenants and represents that it does not have any investment of interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor's Services Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement 3 L 1ca\dim\Agrcements\Fairview Ford Agreement NPs 2 1 docin NPS 2 1 (2/26/20) 7 2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor A Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law, (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, (iii) authorize City to enter into, modify or renew a contract, (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract, (v) grant City approval to a plan, design, report, study 01 similar item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof B Does not serve in a staff capacity with City and, in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302 7 3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fan Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk s office pursuant to the written instructions provided by the City Clerk ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 8 2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement 8 3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor any of its agents shall have control ovei the conduct of Contractor or Contractor's employees, except as herein set forth Contractor shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Contractoi are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, 01 on behalf of City Contractor shall have no authority, express or implied, to act on behalf of City in any capacity 4 L \caldjm\Agreements\Fairvicw Ford Agreement NPS 2 1 docjn NPS -2 1 (2/26/20) whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation 8 4 This Agreement may be terminated by City, in its sole discretion, by providing not Tess than ten (10) days prior written notice to Contractor of Citys intent to terminate If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services Contractor shall be compensated on a pro -rata basis foi Services completed up to the date of termination 8 5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractoi pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Contractor 8 6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor 8 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California 8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void of unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement 5 L IcaldjmlAgreementsWFairview Ford Agreement NPS 2 1 doc..n NPS 2 1 (2/26/20) IN WITNESS WHEREOF, duly authorized representatives of Cay and Contractor have signed in confirmation of this Agreement CITY OF REDLANDS By(y Paul W Foster, Mayor ATTEST nne Donaldson, City Clerk 6 L Ica\dim\Agreements\Fairview Ford Agreement NPS 2 1.doc.jn FAIRVIEW FORD SALES INC By. -yccw• ife J 4/6. Shawn Sommer, Body Shop Maage NPS -2 1 (2/26/20) EXHIBIT "A" SCOPE OF SERVICES Contractor shall provide off-site automotive body repair services on an as -needed basis for the City's fleet vehicles Ali work must be done per specifications, according to all applicable and acceptable industry standards, of the highest quality workmanship, and completed by the time required Minimum Qualifications Contractor shall supply copies of their State of California Bureau of Automotive Repair, Hazardous Waste Identification Number, Spray Booth Permit Number, and Aluminum Certification Security City vehicles, equipment, and materials shall be maintained in a secure storage at all times This will help prevent theft, and vandalism from occurring Materials and Equipment Contractor shall only use Original Equipment Manufacturer (OEM) parts unless authorized by Fleet Superintendent, and/or City Representative Estimates: Contractor shall submit a final estimate, which is true and accurate, of the body repair to the Fleet Superintendent, and/or City Representative for consideration and authorization Pick-up and delivery Contractor shall provide pickup and delivery services as requested to the Equipment Maintenance Corporate Yard, U70 W Park Avenue #Bldg E Contractor must pick up and drop off, or arrange for pickup and drop off of City vehicles from City Corporate Yard, using shop tow truck or towing subcontractor Upon making a request, vehicles are to be picked up by the contractor from the City Corporate Yard within 24 hours of request for repairs Upon completion of the work, the contractor will have 24 hours to deliver the vehicle to the City Corporate Yard In the event that the contractor is unable to make pick up or delivery within 24 hours, or cannot complete the repair for any other reason, Contractor must inform Fleet Superintendent when the order is placed In such a case, the City reserves the right to procure the service from another contractor 7 L lcaldimlAgreements\Fairview Ford Agreement NPS 2 I docin NPs -2 1 (2/26/20) EXHIBIT "B" (Price and Fee Bid) FCS03I02020MD Auto Bodv Repair Services ANNUAL ESTIMATES Labor Type Estimated Quantity Price Per Service TOTAL AMOUNT (A) (B) (C) (A) x (B) = (C ) 1 Labor Rate BODY 100 $ 45 00 p/hour $ 4,500 00 1C 2 Labor Rate Heavy -Duty (Class 8 & Above) BODY 100 $ 65 00 p/hour $ 6 500 00 2C 3 Labor Rate Mechanical 80 $ 65 00 p/hour $ 5,200 00 3C 4 Labor Rate Heavy Duty (Class 8 & Above) MECHANICAL 60 $ 80 00 p/hour $ 4,800 00 4C 5 Labor Rate Frame 40 $ 65 00 p/hour $ 2,000 00 5C 6 Labor Rate Paint — Body Paint Work 100 $ 45 00 p/hour $ 4,500 00 6C 7 Aluminum Labor Rate BODY 20 $ 80 00 p/hour $ 1,600 00 7C 8 Paint Materials Rate 20 $ 34 00 p/hour $ 680 00 8C 9 Hazardous Material Disposal 100 $ 15 00 Lot $ 1,500 00 9C 10 Pick-up and delivery charge, per vehicle 20 $ 0 Lot $ 0 10C �..�. ti Subtotal $ 31 880 00 Est'd Net �-F Cost of Parts Bidder's mark up percentage (ex 10%, 15%, 25%) TOTAL AMOUNT (see Note 1) (A) II3 (C) 5111t&-; �� ZittW' yam," s (A) x (B) + (A) = (C) 11 Parts $35,000 20% $ 42,000 00 11C x 2 A GRAND TOTAL. (IC) THRU (i1C} $ 73,880 00 4 �; ,, /J✓. ,ix,?"..F 1"Jr"f? ,✓' ':'.. .) l 'f' . ✓ ,� -. t � �.in.� ",:,.,.l..a `N'Le'�.v=^.f, �.,.;X'� ,✓�.,..1: Y✓'9'� .,... •.�...� w�„m„r, f „-X'.�. h �:'. .., ..... / � ~ _ , .a..... Y... r-..,.c.+ PARTS (discount on Parts Costs) Name of Flat Rate Manual (if applicable) Name of Parts Price Sheet Of applicable) Note 1 Example of Calculating the Bidder's Total Amount The estimated net cost of Thirty -Five Thousand Dollars ($35,000) (A) at a Bidder's mark-up percentage 5% (B), plus the estimated net cost (A), will result in a Total Price of Thirty Six Thousand Seven Hundred Fifty Dollars ($36,750) (C) (($35,000 x 5%) +$35,000) Note 2 The above quantities for labor and parts are estimates used for bid purposes The Equipment Maintenance Division will not guarantee a minimum of labor and parts for the work 8 L Ica\djmlAgreementslFmrview Ford Agreement NPS 2 1 doc,pn NPS 2 1 (2/26/20) EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (b By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code §1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct FAIRVIEW FORD SALES INC Shawn Sommer, Bo %y fop Manager 9 L Icaldim\Agreements\Fairview Ford Agreement NPS -2 1 dout Date C/7/,i-e? NPS 2 1 (2/26/20) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR EQUIPMENT AND SUPPLIES This agreement for the provision of generator repair service and preventative maintenance ( `Agreement") is made and entered in this 16th day of June, 2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and On Power Industries ("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contamed herein, City and Contractor agree as follows ARTICLE 1 — ENGAGEMENT OF CONTRACTOR 1 1 Effective July 1, 2020, City hereby engages Contractor to perform generator repair service and preventative maintenance services for City (the "Services") 1 2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services ARTICLE 2 — SERVICES OF CONTRACTOR 2 1 The Services that Contractor shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by reference 2 2 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to, State prevailing wage laws ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall make available to Contractor information in its possession that may assist Contractor m performing the Services 3 2 City designates Christopher Boatman, Facilities and Community Services Department Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4 — PERFORMANCE OF SERVICES 4 1 The effective term of this Agreement shall be for a period of one (1) year from July 1, 2020 through June 30, 2021 (the "Initial Term") The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an "Extended Term"), on the same terms and conditions, by providing wntten notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any 1 L Icaldjm\Agreements\On Power Industries Agreement NPS 2 1 doe jn Extended Tenn The Initial Term and the herein as the "Term" of this Agreement 4 2 If Contractor's Services include deliverable materials shall be delivered m a form, and City Council adopted policy for the same obtain a copy of such policy from City staff NPS -2 1 (2/26/20) Extended Terms are collectively referred to electronic visual presentation materials, such made available to the City, consistent with It shall be the obligation of Contractor to ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 The compensation for Contractor's performance of the Services shall not exceed the amount of Thirty Thousand Five Hundred Thirty Dollars ($30,530) for the Services provided during the Initial Term Should this Agreement be extended, the compensation for Contractor's performance for the Services shall not exceed the amount of Thirty Thousand Five Hundred Thirty Dollars ($30,530) for the first Extended Term, and Thirty Thousand Five Hundred Thirty Dollars ($30,530) for the second Extended Tenn, bringing the total possible amount of compensation to a not -to -exceed amount of Ninety One Thousand Five Hundred Ninety Dollars ($91,590) For the Initial Term and each Extended Term, City shall pay Contractor on a time and matenals basis up to the not to not -to -exceed amount m accordance with the rates specified in Exhibit "B," titled "Pnce and Fee Bid," which is attached hereto and incorporated herein by reference 5 2 Contractor shall submit monthly invoices to City describing the Services performed dunng the preceding month Contractor's invoices shall mclude a bnef description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's mvoice 5 3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of delivery m person, (n) five (5) days after deposit in first class registered mail, with return receipt requested, (in) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropnate address set forth below, or such other address as a Party may provide notice m accordance with this section City City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonadlson@cityofredlands org (909) 798-7531 2 L 1ca\djm\AgreementslOn Power Industries Agreement NPS 2 1 doc jn Contractor Andrew Clapp Owner On Power Industries 1451 Road Runner Drive Corona, CA 92881 Andrew@onpowenndustnes com (951) 395-0408 NPS 2 1 (2/26/20) ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Contractoi for the duration of its performance of the Services Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance pnor to commencement of the Services Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers' compensation laws of the State of California Contractor shall execute and provide City with Exhibit "C," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City m the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be primary and non-contnbutmg to any insurance or self insurance maintamed by City C Busmess Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and such insurance shall be pnmary and non-contributing to any insurance or self-msurance maintained by City 6 2 Contractor shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, ansmg from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services ARTICLE 7 - CONFLICTS OF INTEREST 7 1 Contractor covenants and represents that it does not have any investment or interest m any real property that may be the subject of this Agreement or any other source of income, interest m real property or investment that would be affected m any manner or degree by the performance of Contractor's Services Contractor further covenants and represents that m the performance of its duties hereunder, no person havmg any such mterest shall perform any Services under this Agreement 3 L•1caldjm\Agreementsl0n Power industries Agreement NPS 2 1 doe in NPS 2 1 (2/26/20) 7 2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor A Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law, (i) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, (iii) authorize City to enter into, modify or renew a contract, (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract, (v) grant City approval to a plan, design, report, study or similar item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof B Does not serve in a staff capacity with City and, m that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified m City's Conflict of Interest Code under Government Code section 87302 7 3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Comimssion Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the wntten mstructions provided by the City Clerk ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 8 2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement Any assignment or attempted assignment without such prior wntten consent may, m the sole discretion of City, results in City's immediate termination of this Agreement 8 3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth Contractor shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Contractor shall have no authority, express or implied, to act on behalf of City m any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation 4 L1ca\djm'Agreementslon Power industries Agreement NPS 2 1 doc jn NPS -2 1 (2/26/20) 8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than ten (10) days prior wntten notice to Contractor of City's intent to terminate If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports, summanes and such other information and materials as may have been accumulated by Contractor m performing the Services Contractor shall be compensated on a pro -rata basis for Services completed up to the date of termination 8 5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Contractor 8 6 This Agreement, mcludmg the Exhibits incorporated herem by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any pnor negotiations, wntten proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herem, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor 8 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California 8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would depnve a Party of a matenal benefit of its bargain under this Agreement 5 LIca\djm1AgreementslOn Power Industries Agreement NPS 2 1 doc.in Firefox about blas NPS -2 1 (2126/20) IN WITNESS WHEREOF, duly authonzed representatives of City and Contractoi have signed m conformation of this Agreement CITY OF REDLANDS ON POWER 1 i STRIES By Paul W Foster, Mayor Andrew C pp, Owner ATTEST e Donaldson City Clerk 6 L.tcedjm\Agreements\On Power Industries Agreement NPS--2.4.doc..in Fof11 h/A,/WW1 Qd76 NPS 2 1 (2/26/20) EXHIBIT "A" SCOPE OF SERVICES These services include but are not limited to performing complete mechanical and electrical repairs, PM A, PM B, 2 hr load bank testing, and after hours emergency response repair services PM SERVICES SCOPE OF WORK *PM A Service will include. • Check air filters • Check condition of hoses, clamps, lines & fittings • Check & adjust belts • Load test batteries & check condition of cables and chargers Check block heater • Check level and condition of coolant • Check for oil/coolant Teaks • Check for worn or damaged components • Check operation of control panel • Check ATS control panel for alarms • Check operation of engine & generator • Check for active fault codes, warning lights • Grease fan hub if needed • Grease generator beanng (If needed) • Take fuel samples from tanks • Advise City of all additional needed repairs *PM B Service will include. • Check air filters • Check condition of hoses, clamps, lines & fittings • Check & adjust belts • Load test batteries • Check condition of battery cables and charger • Check engine block heater • Check level and freeze protection level of coolant • Check for fluid leaks • Check for worn or damaged components • Check for operation of control panel • Check ATS control panel for alarms • Check operation of engine & generator • Check for active fault codes and warning lights • Grease fan hub (If needed) • Grease generator beanng (If needed) • Change engine oil • Change oil filter(s) • Change fuel filter(s) • Change fuel/water separator (If applicable) • Change coolant filter (If applicable) 7 L 1caldjm\AgreemtntslOn Power Industries Agreement NPS 2 1 doc.jn NPS -2 1 (2/26/20) • Take oil and coolant samples for laboratory analysis • Take fuel samples from tanks to check for debris • Advise City of all additional needed repairs 2 hour Load Bank Test Procedure will include • Travel to and from site • Transport load bank and cables • Test generator using resistive load bank at 25% of nameplate rating for 30 minutes, followed by 50% of nameplate rating for 30 minutes, followed by 75% of nameplate rating for 60 minutes for a total of 2 continuous hours After hours emergency response. • Repairs to stationary generators due to failures preventing start up, not generating power, and failure to switch over to building • Call back response in 1 hour or less • On-site within 3 hours • After proposers normal weekday hours • All hours on weekends (Friday — Sunday) • All hours over holidays 8 L Icaldjm\AgreementslOn Power lndustnes Agreement NPS 2 1 doc.in NPS -2 1 (2/26/20) EXHIBIT "B" (Price and Fee Bid) 9 L Ica\djm\AgreementslOn Power Industries Agreement NPS 2 1 doe in On Power Industries LOCATION(S) EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 1 Crafton College (trailer) 11711 San Canyon Rd 300 KW Generator PM -A Minor Once a year $ 225 00 PM -B Major Once a year $ 625 00 2 hr load bank 2 hrs Once a year $ 525 00 Fuel Tank Dipping /Samples Twice a year $ 85 00 Location 1 subtotal $ 1,460 00 LOCATION(S) EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 2 Fire Station #1 525 E Citrus 84KW Generator 225 AMP ATS PM -A Manor Once a year $ 450 00 PM -B Major Once a year $ 870 00 3 Fire Station #2 1716 Garden St 2 hr load bank 2 hrs Once a year $ 790 00 Fuel Tank Dipping /Samples Twice a year $ 170 00 Locations 2 & 3 Subtotal (totals x 2 locations) $ 2,280 00 LOCATION(S) EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 4 Fire Station #3 10 W Pennsylvania 15KW Generator 105 AMP ATS PM -A Minor Once a year $ 450 00 PM -B Major Once a year $ 770 00 5 Fire Station 114 1270 W Park Ave 2 hr load bank 2 hrs Once a year $ 610 00 Fuel Tank Dipping /Samples Twice a year $ 170 00 Locations 4 & 5 Subtotal (totals x 2 locations) $ 2,000 00 9 L Ica\djm\AgreementslOn Power Industries Agreement NPS 2 1 doe in NPS 2 1 (2/26/20) 10 L lealdjmlAgreementslOn Power Industnes Agreement NPS 2 1 doc.jn LOCATION EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 6 Henry Tate Water 3050 Mill Creek 325 KW Generator 150 AMP ATS PM -A Minor Once a year $ 225 00 PM -B Major Once a year $ 700 00 2 hr load bank 2 hrs Once a year $ 750 00 Fuel Tank Dipping /Samples Twice a year $ 85 00 Location 6 Subtotal. $ 1,760 00 LOCATION EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 7 Highland Water Co 955 Parkford Dr 400 KW Generator 600 AMP ATS PM -A Minor Once a year $ 225 00 PM -B Major Once a year $ 700 00 2 hr load bank 2 hrs Once a year $ 750 00 Fuel Tank Dipping /Samples Twice a year $ 85 00 Location 7 Subtotal: $ 1,760 00 LOCATION EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 8 Hinkley Water Treatment 1604 Crafton Ave 200 KW Generator ATS PM -A Minor Once a year $ 225 00 PM -B Major Once a year $ 585 00 2 hr load bank 2 hrs Once a year $ 525 00 Fuel Tank Dipping /Samples Twice a year $ 85 00 Location 8 Subtotal. $ 1,420 00 LOCATION EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 9 Police Station Bldg #C 1270 W Park Ave 100 KW Generator 400 AMP ATS PM -A Minor Once a year $ 225 00 PM -B Major Once a year $ 525 00 2 hr load bank 2 hrs Once a year $ 425 00 Fuel Tank Dipping /Samples Twice a year $ 85 00 10 L lealdjmlAgreementslOn Power Industnes Agreement NPS 2 1 doc.jn NPS 2 1 (2/26/20) 11 L Icaldjm\Ag'eements\On Power Industries Agreement NPS 2 1 doc.in Location 9 Subtotal: $ 1,260 00 LOCATION EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 10 City Corporate Yard 1270 W Park Ave 125 KW Generator PM -A Mmor Once a year $ 225 00 PM -B Major Once a year $ 525 00 2hr load bank 2hrs Once a year $ 425 00 Fuel Tank Dipping /Samples Twice a year $ 85 00 Location 10 Subtotal. $ 1,260 00 LOCATION EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 11 City Corporate Yard Fuel Island 1270 W Park Ave 75 KW Generator 30 AMP ATS PM -A Mmor Once a year $ 225 00 PM -B Major Once a year $ 475 00 2 hr load bank 2 hrs Once a year $ 425 00 Fuel Tank Dipping /Samples Twice a year $ 85 00 Location 11 Subtotal $ 1,210 00 LOCATION EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 12 Waste Water Treatment Plant (trailer) 1950 Nevada St 450 KW Generator 450 KW Generator 450 KW Generator PM -A Mmor Once a year $ 675 00 PM -B Major Once a year $ 2,295 00 2 hr load bank 2 hrs Once a year $ 1,980 00 Fuel Tank Dipping /Samples Twice a year $ 255 00 Location 12 Subtotal (totals x 3 generators) $ 5,205 00 LOCATION EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 13 Waste Water Treatment Plant (trailer) 1950 Nevada 1100 KW Generator PM -A Mmor Once a year $ 225 00 PM -B Major Once a year $ 1,380 00 2 hr load bank 2 hrs Once a year $ 1,260 00 11 L Icaldjm\Ag'eements\On Power Industries Agreement NPS 2 1 doc.in NPS -2 1 (2/26/20) 12 L 1caldjmlAgreemcnts\On Power Industries Agreement NPS 2 1 doc jn St Fuel Tank Dipping /Samples Twice a year $ 85 00 Location 13 Subtotal: $ 2,950 00 LOCATION EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 14 Data Center 1270 W Park Ave 125 KW Generator PM -A Minor Once a year $ 225 00 PM -B Major Once a year $ 485 00 2 hr load bank 2 hrs Once a year $ 485 00 Fuel Tank Dipping /Samples Twice a year $ 85 00 Location 14 Subtotal. $ 1,280 00 ADDITIVES SERVICE INTERVAL ESTIMATED QTY TOTAL 15 Rental rate for generator 75 0 DYB-15R (include delivery & hookup fee) per week Weekly Rental One Week $ 985 00 16 Emergency call out rate Hourly Rate 20 hrs per year $ 2,100 00 (hourly rate x 20) 17 Replacement parts Bid on your parts mark-up percentage (i e 5%, 10 % ) Example of calculating the bidder's total amount If a bidder's mark-up is 5% the total price of 53,150 will be placed in the "total" column Example. (S3,000 x 5% = S150 + S3,000 = S3,150) $3,000 p/year $ 3,600 00 Additives #15, #16 & #17 Subtotal $ 6,685 00 Grand Total (add Subtotals #1 to #17) $ 30,530 00 12 L 1caldjmlAgreemcnts\On Power Industries Agreement NPS 2 1 doc jn Firefox about bk. NPS 21 (2/26/20) EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employee except the State shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State (b) By securnig from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employee, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that inay become due to his or her employees CHECK ONE II am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be Insured against liability for Workers' Compensation or to undertake self- insurance elfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code § 1861) 1 afrnr that at all times, m performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any tune, if I employ any person such that 1 become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and represent. is made m this certificate are true and correct ON POWE IND STRIES By Andres app, Owner 13 L oaldim\Agreements\On Power Industries Agreement NPS 2.i.doejn Date 11 of11 F'Anton 041 1 NPS 2 1 (2/26/20) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR EQUIPMENT AND SUPPLIES This agreement for the provision of maintenance and service for heavy duty off-road equipment ("Agreement") is made and entered in this 16th day of June, 2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Quinn Company ("Contractoi") City and Contractor are sometimes individually referred to herein as a "Party" and, togethei, as the "Parties " In consideration of the mutual promises contained herein, City and Contractoi agree as follows ARTICLE 1 — ENGAGEMENT OF CONTRACTOR 1 1 Effective July 1, 2020, City hereby engages Contractor to perform maintenance and service for heavy duty off-road equipment services for City (the "Services") 1 2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similai types of Services ARTICLE 2 — SERVICES OF CONTRACTOR 2 1 The Services that Contractoi shall perform are more particulaily described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by reference 2 2 Contractoi shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to, State prevailing wage laws ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall make available to Contractor information in its possession that may assist Contractor in performing the Services 3 2 City designates Christopher Boatman, Facilities and Community Services Director, as City's representative with respect to performance of the Services, and such person shall have the author ity to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4 — PERFORMANCE OF SERVICES 4 1 The effective term of this Agreement shall be for a period of one (1) year from July 1, 2020 through June 30, 2021 (the `Initial Term") The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an `Extended Term"), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term of any 1 L \caldjm\AgreeinentslQuinn Company Agreement NPS 2 1 doc {n Extended Term The Initial Terin and the herein as the "Term" of this Agreement 4 2 If Contractor's Services include deliverable materials shall be delivered in a form, and City Council adopted policy foi the same obtain a copy of such policy from City staff NPS 2 1 (2/26/20) Extended Terms are collectively referred to electronic visual presentation materials, such made available to the City, consistent with It shall be the obligation of Contractor to ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 The compensation foi Contractor's performance of the Services shall not exceed the amount of Two Hundred Four Thousand Five Hundred Dollars ($204,500) for the Services provided dui ing the Initial Term Should this Agreement be extended, the compensation foi Contractor's performance for the Services shall not exceed the amount of Two Hundred Four Thousand Five Hundred Dollars ($204,500) for the first Extended Term, and Two Hundred Four Thousand Five Hundred Dollars ($204,500) for the second Extended Term, bringing the total possible amount of compensation to a not -to -exceed ainount of Six Hundred Thirteen Thousand Five Hundred Dollars ($613,500) For the Initial Term and each Extended Term, City shall pay Contractoi on a time and materials basis up to the not to not -to -exceed amount in accordance with the rates specified in Exhibit "B," titled "Price and Fee Bid," which is attached hereto and incorporated herein by reference 5 2 Contractoi shall submit monthly invoices to City describing the Services performed during the preceding month Contractor's invoices shall include a br ref description of the Services performed, the dates the Services were performed, the numbei of hours spent and by whom, and a description of reimbursable expenses related to the Services City shall pay Contractoi no later than thirty (30) days after receipt and approval by City of Contractor's invoice 5 3 Any notice oi othei communication required, oi which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of delivery in person, (it) five (5) days after deposit in first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, oi such othei address as a Party may provide notice in accordance with this section City City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonadlson@cityofredlands org (909) 798-7531 L lealdtmlAgreements\Quinn Company Agreement NPS 2 1 doc jn Contractor Scott Ashley PSSR Quinn Company 800 E La Cadena Riverside, CA 92507 Scott Ashley@qurnncompany coin (951) 686-4560 (951) 276-8327 Fax NPS 2 1 (2/26/20) ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its pei formance of the Services Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor Contractoi shall provide City with certificates of insurance and endorsements evidencing such insurance prioi to commencement of the Services Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prioi written notice to City A Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carnet acceptable to City, or certification to City that Contractor is self-insured 01 exempt from the workers' compensation laws of the State of California Contractor shall execute and provide City with Exhibit '`C," titled Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, pilot to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) pet occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($I,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Contractot owned vehicles used in connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and such insurance shall be pi imary and non-contributing to any insurance 01 self-insurance maintained by City 6 2 Contractor shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses of liability, including attorneys' fees, arising from injury or death to persons 01 damage to property occasioned by any negligent act 01 omission by, or the willful misconduct of, Contractoi, or its officers, employees and agents in performing the Services ARTICLE 7 — CONFLICTS OF INTEREST 7 1 Contractoi covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement 01 any other source of income, interest in real property of investment that would be affected in any manner or degree by the performance of Contractor's Services Contractoi further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement 3 L 1ca\djm\Agreements\Quinn Company Agreement NPS 2 1 doe.jn NPS -2 1 (2/26/20) 7 2 Contractoi agrees it is not a designated employee within the meaning of the Political Reform Act because Contractoi A Does not make a governmental decision whether to (i) approve a rate, rule or regulation, 01 adopt or enforce a City law, (ii) issue, deny, suspend or revoke any City permit. license, application, certification, approval, oidei or similar authorization of entitlement, (iii) authorize City to entei into. modify 01 renew a contract, (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract, (v) grant City approval to a plan, design, report, study of similai item, (vi) adopt, 01 grant City approval of, policies, standards or guidelines foi City of foi any subdivision thereof B Does not serve in a staff capacity with City and, in that capacity, participate in making a governmental decision or otherwise perform the same of substantially the same duties fot City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302 7 3 In the event City determines that Contractor must disclose its financial interests, Contractoi shall complete and file a Faii Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce oi interpret any of the terms 01 conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 8 2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement Any assignment 01 attempted assignment without such picot written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement 8 3 Contractoi is foi all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractoi Neither City not any of its agents shall have control over the conduct of Contractor 01 Contractor's employees, except as herein set forth Contractoi shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Contractoi are foi its account only, and in no event shall Contractor 01 personnel retained by it be deemed to have been employed by City oi engaged by City for the account of, 01 on behalf of City Contractoi shall have no authority, express 01 implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express oi implied, to bind City to any obligation 4 L lcaldjmlAgreemcnts\Quinn Company Agreement NPS 2 1 doc jn NPS 2 1 (2/26/20) 8 4 This Agreement may be terminated by City, in its sole discretton, by providing not less than ten (10) days pilot written notice to Contractoi of City's intent to terminate If this Agreement is terminated by City, an adjustment to Contractor's cornpensation shall be made, but (1) no amount shall be allowed foi anticipated profit 01 unperformed Services, and (2) any payment due Contractoi at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractoi Upon receipt of a termination notice, Contractoi shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver 01 otherwise snake available to City, copies (in both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports surnmai ies and such other information and materials as inay have been accumulated by Contractoi in performing the Services Contractoi shall be compensated on a pro -rata basis foi Services completed up to the date of termination 8 5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services foi a period of three (3) years, 01 fot any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement Such books shall be available at reasonable times fot examination by City at the office of Contractor 8 6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided fot herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor 8 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California 8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void 01 unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair of invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement 5 L 1caldjmlAgrcements\Qinnn Company Agreement NPS 2 1 doe in NPS -2 1 (2/26/20) IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement CITY OF REDLANDS By Paul W Foster, Mayor ATTEST e Donaldson, City Clerk 6 L 1ca\djm\Agreements\Quinn Company Agreement NPS -2 1.doc.jn QUINN COMPANY c�ott Ashley, PSSR NPS -2 1 (2/26/20) EXHIBIT "A" SCOPE OF SERVICES Contractors shall perform preventative maintenance and repair services that include, but are not limited to, work on brakes, suspension, heat/air conditioning systems, electrical systems, minoi engine repair, and other repairs normal and customary for routine repair of a commercial heavy duty off-road fleet • Ability to have a turnaround time of two (2) business days for PM services and routine repair as a result of the PM Service Otherwise approved by Fleet Supervisoi • The technician must include observations and explanations for any further needed repairs and must seek approval by the Fleet Supervisoi before repairs are made • Original Equipment Manufacturer (OEM) parts must be used • Wolk collaboratively with staff to meet the following key components of the vehicle maintenance program • Comprehensive, preventative maintenance schedule • Full utilization of standard warranty coverage • Customer service responsiveness to maximize cost efficiencies, minimize unscheduled repairs and down time • A preventative Maintenance Service checklist shall be completed by the technician and attached to the invoice submitted to the City for every vehicle serviced PM SERVICE - OFF-ROAD HEAVY EQUIPMENT (CATERPILLAR) INSPECTION CHECK LIST Every 250 Service Hours or Monthly • Axle universal Joint (rear) • Cooling system coolant additive (DEAC) • Differential oil level (front) • Differential oil level (mai) • Engine oil and filter • Extendable stick • Final drive oil level (front) • Final drive oil level (reai) • Kingpin beatings (real) • Sideshift stabilizei wear pads • V -belts 7 L lcaldimlAgreements\Quinn Com pan} Agreement NPS 2 1 doc in Every 500 service hours or 3 months for machines used in severe applications • Differential oil (rear) Every 1000 service hours or 6 months • Differential oil (front) • Differential oil (real) • Engine valve lash • Final drive oil (front) • Final drive oil (real) • Rollovei protective structure (ROPS) • Transmission magnetic screen • Transmission oil • Wheel bearings (front) Every 2000 service hours or 1 year • Engine valve lash • Hydraulic system oil Every 3000 service hours or 2 years • Cooling system coolant (DEAC) • Cooling system coolant extender • Cooling system water temperature regulatoi Every 6000 service hours or 4 years • Cooling system coolant (ELC) 8 L Icaldjm\AgreementslQuinn Company Agreement NPS 2 t doejn NPS -2 1 (2/26/20) EXHIBIT "B" (Price and Fee Bid) Maintenance and Service for Heavy Duty Off -Road Equipment ANNUAL ESTIMATES NPS -2 1 (2/26/20) Description Type Estimated Quantity Price Per Service TOTAL AMOUNT (A) (B) (C) (A)x(B)=(C) 1 PM Hourly Rate 200 $ 165 00 p/hour $ 33 000 00 1C 2 Standard Repair Hourly Rate 200 $ 140 00 p/hour $ 28,000 00 2C 3 Overtime Hourly Rate 80 $ 225 00 p/hour $ 18 000 00 3C 4 Field Labor Rate 80 $ 165 00 p/hour $ 13,200 00 4C 5 Emergency Call Hourly Rate 40 $ 225 00 p/hour $ 9,000 00 5C 6 Fabrication Hourly Rate 20 $ 165 00 p/hour $ 3 300 00 6C Est'd Net Cost of Parts (A) Subtotal Bidder's mark-up percentage (ex 10%, 15%, 25%) (B) $ 104,500 00 TOTAL AMOUNT (see Note 1) (C) (A) x (B) + (A) = (C) 7 Parts $100 000 0% $ 100 000 00 7C GRAND TOTAL (1C) THRU (7C) $ 204,500 00 PARTS (discount on Parts Costs) Name of Flat Rate Manual (if applicable) N/A Name of Parts Price Sheet (if applicable) N/A Note 1 Example of Calculating the Bidder's Total Amount The estimated net cost of One Hundred Thousand Dollars ($100,000) (A) at a Bidder's mark-up percentage 5% (B), plus the estimated net cost (A), will result in a Total Price of One Hundred Five Thousand Dollars ($105,000) (C) (($100,000 x 5%) +$105,000) Note 2 The above quantities for labor and parts are estimates used for bid purposes The Equipment Maintenance Division will not guarantee a minimum of labor and parts for the work 9 L lealdjmlAgrcements\Quinn Company Agreement NPS 2 1 doc,jn NPS 2 1 (2/26/20) EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employee, except the State, shall secure the payment of compensation in one of more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State (b) By securing from the Director of Indust' 'al Relations, a certificate of consent to self -insure, either as an individual employer, of as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his 01 her employees CHECK ONE 1 am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability foe Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code §1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any rriannet such that 1 become subject to the workers' compensation laws of California However, at any time, if I employ any person such that 1 become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, 01 a certification of workers' compensation insurance 1 certify under penalty of penury under the laws of the State of California that the information and representations made in this certificate are true and correct QUINN COMPANY 41ff •1�� Scott Ashley PSSR 10 L lcaldjmlAgreements\Quinn Company Agreement NPS 2 I docjn Date ` 11-0 NPS 2 1 (2/26/20) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR EQUIPMENT AND SUPPLIES This agreement for the provision of solid waste refuse collection truck parts ("Agreement") is made and entered in this 16th day of June, 2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Wastebuilt Environmental Solutions, LLC ("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows ARTICLE 1 — ENGAGEMENT OF CONTRACTOR 1 1 Effective July 1, 2020, City hereby engages Contractor to perform solid waste refuse collection truck parts services for City (the "Services"). 1 2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services ARTICLE 2 — SERVICES OF CONTRACTOR 2 1 The Services that Contractor shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by reference 2 2 Contractor shall comply with apphcable federal, state and local laws and regulations in the performance of this agreement including, but not limited to, State prevailing wage laws ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall make available to Contractor information in its possession that may assist Contractor in performing the Services 3 2 City designates Christopher Boatman, Facilities and Community Services Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4 — PERFORMANCE OF SERVICES 4 1 The effective term of this Agreement shall be for a period of one (1) year from July 1, 2020 through June 30, 2021 (the "Initial Term") The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an "Extended Term"), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any 1 L 1caldjm\Agreements\Wastebwlt Environmental Solutions LLC Agreement NPS 2 1 doc.,in NPS -2 1 (2/26/20) Extended Term The Initial Term and the Extended Terms are collectively referred to herein as the "Term" of this Agreement 4 2 If Contractor's Services include deliverable electronic visual presentation materials, such materials shall be delivered m a form, and made available to the City, consistent with City Council adopted policy for the same It shall be the obligation of Contractor to obtain a copy of such policy from City staff ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 The compensation for Contractor's performance of the Services shall not exceed the amount of One Hundred Twenty Nine Thousand Three Hundred Seventy Dollars and Ten Cents ($129,370 10) for the Services provided during the Initial Term Should this Agreement be extended, the compensation for Contractor's performance for the Services shall not exceed the amount of One Hundred Twenty Nine Thousand Three Hundred Seventy Dollars and Ten Cents ($129,370 10) for the first Extended Term, and One Hundred Twenty Nine Thousand Three Hundred Seventy Dollars and Ten Cents ($129,370 10) for the second Extended Term, bringing the total possible amount of compensation to a not -to -exceed amount of Three Hundred Eighty Eight Thousand One Hundred Ten Dollars and Thirty Cents ($388,110 30) For the Initial Term and each Extended Term, City shall pay Contractor on a time and matenals basis up to the not to not -to -exceed amount in accordance with the rates specified in Exhibit "B," titled "Price and Fee Bid," which is attached hereto and incorporated herein by reference 5 2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month Contractor's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services City shall pay Contractoi no later than thirty (30) days after receipt and approval by City of Contractor's invoice 5 3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writmg Any such notice shall be deemed delivered (i) on the date of delivery in person, (n) five (5) days after deposit in first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overmght courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section City City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonadlson@cityofredlands org (909) 798-7531 Contractor Matt Enes, Regional Operations Manager Wastebuilt Environmental Solutions, LLC 2755 E Philadelphia Street Ontario, CA 91764 Menes@wastebuilt coni (909) 591-9597 (909) 590-7052 2 L Icaldjm'AgreementslWastebuilt Environtnental Solutions LLC Agreement NPS 2 1 doe jn NPS 2 1 (2126120) ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured of exempt from the workers' compensation laws of the State of California Contractor shall execute and provide City with Exhibit "C," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, pnor to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be pnmary and non-contributing to any insurance or self-insurance maintained by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and such insurance shall be pnmary and non-contributing to any insurance or self-insurance maintained by City 6 2 Contractor shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services ARTICLE 7 — CONFLICTS OF INTEREST 7 1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected m any manner or degree by the performance of Contractor's Services Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement 3 L Icaldlm\Agreements\Wustebuilt Environmental Solutions LLC Agreement NPS -2 1 doc.in NPS 2 1 (2/26/20) 7 2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor A Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law, (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, {iii) authorize City to enter into, modify or renew a contract, (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract, (v) grant City approval to a plan, design, report, study or similar item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof B Does not serve in a staff capacity with City and, in that capacity, participate in makrng a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an mdividual holding a position specified in City's Conflict of Interest Code under Government Code section 87302 7 3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the wntten instructions provided by the City Clerk ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 8 2 Contractor shall not assign any of the Services, except with the prior written approval of City and in stnct compliance with the terms and conditions of this Agreement Any assignment or attempted assignment without such pnor written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement 8 3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth Contractor shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Contractor shall have no authonty, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authonty, express or implied, to bind City to any obligation 4 L Icaldjm\Agreements\Wastelrnilt Environmental Solutions LLC Agreement NPS 2 l doe in NPS -2 1 (2/26/20) 8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than ten (10) days pnor written notice to Contractor of City's intent to terminate If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor Upon receipt of a termmation notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services Contractor shall be compensated on a pro -rata basis for Services completed up to the date of termination 8 5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Contractor 8 6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor 8 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California 8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would depnve a Party of a material benefit of its bargain under this Agreement 5 L 1ca1dpn\Agreements\Wastebuilt Environmental Solutions LLC Agreement NPS 2 1 doc.an NPS 2 1 (2/26/20) IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed m confirmation of this Agreement CITY OF REDLANDS WASTEBUILT ENVIRONMENTAL SOLUTIONS, LLC By Paul W Foster, Mayor ATTEST e Donaldson, City Clerk By Matt Enes, Regional Operations Manager 6 L Icaldjm\Agreements\Wastebudt Environmental Solutions LLC Agreement NPS -2 1.doc jn NPS -2 1 (2/26/20) EXHIBIT "A" SCOPE OF SERVICES Contractor shall supply Solid Waste Refuse Collection Truck Parts Ordering and Delivering. • Contractor rnust have the ability to inventory and/or source parts on short notice, often with same day or next day required delivery times If contractor is unable to meet the required delivery date/time the Fleet Superintendent and/or City Representative must be made aware Otherwise the City may choose to utilize another contractor • Contractor must be within 25 miles from City of Redlands Corporate yard located at 1270 W Park Avenue, Redlands, CA 92373 Warranty • Any suppliers or manufacturers standard warranty coverage must be extended to the City of Redlands 7 L 1caldpnlAgrcementslWastebuilt Environmental Solutions LLC Agreement NPS 2 1 doc jn NPS 2 1 (2/26/20) EXHIBIT "B" PRICE AND FEE BID SOLID WASTE REFUSE COLLECTION TRUCK PARTS A. BASE BID — SOLID WASTE REFUSE COLLECTION TRUCK PARTS Item No. Brief Description *A Quantity f3 Unit Price *C Total Price in Figures Al 545 436-008 Seal Kit Valve Section (Mfg Wayne) 25 $7 69/EA $192 25 A2 32524 02 -AB — Wire Harness Arm To Prox CT (Mfg Wayne) 20 $99 76/SF $1,995.20 A3 341 012-024 — Converter 12V to 24V (Mfg Wayne) 25 $200 36/SF $5,009 00 A4 545-436 006 — Air Actuator (Mfg Wayne) 50 $195 98/EA $9,799 00 A5 32228 02 -OB — Harness Arm (Mfg Wayne) 20 $533 99/EA $10,679 80 A6 341 002 016 — Terminal Remote Output 24V160 (Mfg Wayne) 20 $745 21/EA $14,904 20 A7 341 001 016 — Remote Terminal (Mfg Wayne) 20 $486 00/EA $9,720 00 A8 32145 02 AD — Lower Arm Weldment 62 114 (Mfg Wayne) 15 $4304 03/EA $64,560 45 A9 485 018 000 — Washer (Mfg Wayne) 100 $1 90/EA $190 00 Al0 32158 00 OA — Tie Plate (Mfg Wayne) 50 $80 71/EA $4,035 50 Al 1 445 024 009 — Castle Nut (Mfg Wayne) 50 $8 82/EA $441 00 Al 2 109 032 000 -- Cone Bearing (Mfg Wayne) 100 $14 56/EA $1,456 00 Al 3 P254 -- Linkage Double Top (Mfg Heil) 50 $73 45/EA $3,672.50 A14 P257 — Pin (Mfg Heil) 10 $13 82/EA $138 20 A15 031-6375 004 — Solenoid Valve NO COIL (Mfg Hell) 10 $110 00/EA $1,100 00 A16 014 1847 -- Rubber Pad (Mfg Heil) 20 $10.631EA $212 60 A17 022 3872 — Shaft Seal 2'A IN (Mfg Heil) 20 $9 52/EA $190.40 Al 8 040 2664 — Collar (Mfg Heil) 10 $60 50/EA $605 00 8 L 1caldjmlAgreements\Wastebuilt Environmental Solutions LLC Agreement NPS 2 1 doe jn NPS -2 1 (2/26/20) A19 P253 — Linkage Double Bottom (Mfg Heil) 10 $46 901EA $469 00 *"A" x "B" = "C" TOTAL BID PRICE $129,37010 9 L Ica\dim\Agreements\Wastebudt Environmental Solutions LLC Agreement NPS 2 1 doa jn NPS 2 1 (2/26/20) EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) (b) CHECK ONE By being insured agamst liability to pay compensation by one or more insurers duly authorized to wnte compensation insurance in this State By securing from the Director of Industnal Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industnal Relations of ability to self -insure and to pay any compensation that may become due to his or her employees I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance m accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code §1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct WASTEBUILT ENVIRONMENTAL SOLUTIONS, LLC By. •-1(Y1 1.,... Matt Enes, Regional Operations Manager Date 10 L 1caldjm\AgreementslWastebuilt Environmental Solutions LLC Agreement NPS -2 1.doc.jn